Local Government Act 1972

1972 c. 70

Local Government Act 1972

1972 CHAPTER 70

ARRANGEMENT OF SECTIONS

Part I

LOCAL GOVERNMENT AREAS AND AUTHORITIES IN ENGLAND

New local government areas

Section

New local government areas in England.

Principal councils

Constitution of principal councils in England.

Members of principal councils

3.		Chairman.
4.		Election of chairman.
5.		Vice-chairman.
6.		Term of office and retirement of councillors.
7.		Elections of councillors.
8.		Constitution and membership of Greater London Council and London borough councils.

Parishes

9.		Parish meetings and councils.
10.		Power to dissolve parish councils in small parishes.
11.		Orders for grouping parishes, dissolving groups and separating parishes from groups.
12.		Provision supplementary to sections 9 to 11.
13.		Constitution of parish meeting, etc.
14.		Constitution and powers of parish council.
15.		Chairman and vice-chairman of parish council or meeting.
16.		Parish councillors.
17.		Parish meetings for parish wards, etc.

Miscellaneous

18.		Establishment of new authorities in England.
19.		Extent of Part I.

Part II

LOCAL GOVERNMENT AREAS AND AUTHORITIES IN WALES

New local government areas

20.

New local government areas in Wales.

Principal councils

21.

Constitution of principal councils in Wales.

Members of principal councils

22.		Chairman.
23.		Election of chairman.
24.		Vice-chairman.
25.		Term of office and retirement of councillors.
26.		Elections of councillors.

Communities

27.		Community meetings and councils.
28.		Establishment and dissolution of community councils.
29.		Orders for grouping communities, dissolving groups and separating communities from groups.
30.		Restriction on community applications during and after reviews.
31.		Provision supplementary to sections 27 to 29.
32.		Constitution of community meeting.
33.		Constitution and powers of community council.
34.		Chairman and vice-chairman of community council.
35.		Community councillors.
36.		Community meetings for community wards, etc.

Miscellaneous

37.		Establishment of new authorities in Wales.
38.		Extent of Part II.

Part III

REGISTRATION OF ELECTORS AND CONDUCT OF ELECTIONS

39.		Registration officers.
40.		Returning officers at parliamentary elections.
41.		Returning officers at local government elections.
42.		Conduct of local government elections.
43.		Ordinary day of election.
44.		Omission to hold election or election void.
45.		Supplementary.

Part IV

CHANGES IN LOCAL GOVERNMENT AREAS

Proposals by Local Government Boundary Commission for England

46.		Local Government Boundary Commission for England.
47.		Proposals for changes in local government areas in England.
48.		Duty and power to review local government areas in England.
49.		Power of Secretary of State to direct holding or postponement of reviews.
50.		Substantive changes in electoral arrangements.
51.		Commission's reports and their implementation.
52.		Directions about reviews.

Proposals by Local Government Boundary Commission for Wales

53.		Local Government Boundary Commission for Wales.
54.		Proposals for changes in local government areas in Wales.
55.		Review of local government areas in Wales.
56.		Power of Secretary of State to direct holding of reviews.
57.		Substantive changes in electoral arrangements.
58.		Commission's reports and their implementation.
59.		Directions about reviews.

Conduct of reviews

60.		Procedure for reviews.
61.		Local inquiries.

Border between England and Wales

62.

Alterations in the boundaries between English and Welsh counties.

Initial reviews

63.		Review of electoral arrangements (England).
64.		Special community review and review of electoral arrangements (Wales).

Supplementary provisions

65.		Delegation of functions of Commission.
66.		Delegation of functions of Commissions acting jointly.
67.		Consequential and transitional arrangements relating to Part IV.
68.		Transitional agreements as to property and finance.
69.		Variation and revocation of orders under Part IV, etc.

Miscellaneous

70.		Restriction on promotion of Bills for changing local government areas, etc.
71.		Modification of seaward boundaries of local government areas.
72.		Accretions from the sea, etc.
73.		Alteration of local boundaries consequent on alteration of water-course.
74.		Change of name of county, district or London borough.
75.		Change of name of parish.
76.		Change of name of community.
77.		Change of name in Greater London.
78.		Supplementary.

Part V

GENERAL PROVISIONS AS TO MEMBERS AND PROCEEDINGS OF LOCAL AUTHORITIES

Qualifications and disqualifications

79.

Qualifications for election and holding office as member of local authority.

80.		Disqualifications for election and holding office as member of local authority.
81.		Exceptions to provisions of section 80.
82.		Validity of acts done by unqualified persons.

Acceptance, resignation and vacation of office, and casual vacancies

83.		Declaration of acceptance of office.
84.		Resignation.
85.		Vacation of office by failure to attend meetings.
86.		Declaration by local authority of vacancy in office in certain cases.
87.		Date of casual vacancies.
88.		Filling of casual vacancy in case of chairman, etc.
89.		Filling of casual vacancies in case of councillors.
90.		Term of office of persons filling casual vacancies.
91.		Temporary appointment of members of parish and community councils.

Proceedings for disqualification

92.

Proceedings for disqualification.

Restrictions on voting

93.		Limitation on voting by Greater London Councillors.
94.		Disability of members of authorities for voting on account of interest in contracts, etc.
95.		Pecuniary interests for purposes of section 94.
96.		General notices and recording of disclosures for purposes of section 94.
97.		Removal or exclusion of disability, etc.
98.		Interpretation of sections 95 and 97.

Meetings and proceedings

99.		Meetings and proceedings of local authorities.
100.		Admission of public and press to local authority committee meetings.

Part VI

DISCHARGE OF FUNCTIONS

101.		Arrangements for discharge of functions by local authorities.
102.		Appointment of committees.
103.		Expenses of joint committees.
104.		Disqualification for membership of committees and joint committees.
105.		Disability for voting on account of interest in contracts, etc.
106.		Standing orders.
107.		Application of foregoing provisions to police authorities.
108.		Committees of parish meetings.
109.		Conferring functions of parish council on parish meeting.
110.		Transitional arrangements for discharge of functions.

Part VII

MISCELLANEOUS POWERS OF LOCAL AUTHORITIES

Subsidiary powers

111.

Subsidiary powers of local authorities.

Staff

112.		Appointment of staff.
113.		Placing of staff of local authorities at disposal of other local authorities.
114.		Security to be taken in relation to officers.
115.		Accountability of officers.
116.		Members of local authorities not to be appointed as officers.
117.		Disclosure by officers of interest in contracts.
118.		Payment of salary, etc., due to mentally disordered person.
119.		Payments due to deceased officers.

Land transactions--principal councils

120.		Acquisition of land by agreement by principal councils.
121.		Acquisition of land compulsorily by principal councils.
122.		Appropriation of land by principal councils.
123.		Disposal of land by principal councils.

Land transactions--parish and community councils

124.		Acquisition of land by agreement by parish and community councils.
125.		Compulsory acquisition of land on behalf of parish or community councils.
126.		Appropriation of land by parish and community councils and by parish meetings.
127.		Disposal of land held by parishes and communities.

Land transactions--general provisions

128.		Consents to land transactions by local authorities and protection of purchasers.
129.		Payment of purchase or compensation money by one local authority to another.
130.		Acquisition by local authorities of lands belonging to the Duchy of Lancaster.
131.		Savings.

Premises and contracts

132.		Provision of offices, etc. by principal councils.
133.		Provision of parish and community buildings.
134.		Use of schoolroom, etc. in parish or community.
135.		Contracts of local authorities.

Miscellaneous

136.		Contributions towards expenditure on concurrent functions.
137.		Power of local authorities to incur expenditure for certain purposes not otherwise authorised.
138.		Powers of principal councils with respect to emergencies or disasters.
139.		Acceptance of gifts of property.

140.		Insurance by local authorities against accidents to members.
141.		Research and the collection of information.
142.		Provision of information, etc., relating to matters affecting local government.
143.		Subscriptions to local government associations.
144.		Power to encourage visitors and provide conference and other facilities.
145.		Provision of entertainments.
146.		Transfer of securities on alteration of area, etc.

Part VIII

FINANCE

Expenses and receipts

147.		Expenses of principal councils.
148.		Principal councils' funds and accounts.
149.		Precepts and rates.
150.		Expenses of parish and community councils.
151.		Financial administration.
152.		Revenues from undertakings.
153.		Application of capital money on disposal of land.

Accounts and audit

154.		Accounts to be audited by district or approved auditor.
155.		Yearly accounts.
156.		District auditors.
157.		General duties of auditors.
158.		Auditor's right of access to documents.
159.		Public inspection of accounts and right of challenge.
160.		Auditor's report.
161.		Powers of district auditor and the court.
162.		Duty of approved auditor in case of illegality, etc. in accounts.
163.		Fees for audits.
164.		Approved auditors.
165.		Extraordinary audit.
166.		Regulations as to accounts.
167.		Audit of accounts of officers.

Miscellaneous provisions as to finance and rating

168.		Local financial returns.
169.		Initial expenses of new authorities.
170.		Equalisation of rates.
171.		Rates of interest in relation to certain sums due to local authorities.
172.		Miscellaneous amendments of enactments relating to finance and rating.

Allowances to members of local authorities and other bodies

173.

Attendance allowance and financial loss allowance.

174.		Travelling allowance and subsistence allowance.
175.		Allowances for attending conferences and meetings.
176.		Payment of expenses of official and courtesy visits, etc.
177.		Provisions supplementary to sections 173 to 176.
178.		Regulations as to allowances.

Part IX

FUNCTIONS

General

179.

General provision for transfer of functions.

The environment

180.		Public health.
181.		Water and sewerage.
182.		Town and Country Planning.
183.		Discharge of functions of planning authorities.
184.		National Park and countryside functions.
185.		Town development.
186.		Traffic and transportation functions.
187.		Local highway authorities and maintenance powers of district councils.
188.		Amendments of Highway Acts.
189.		Commons.
190.		Sites for gipsy encampments.
191.		Ordnance survey.

Education, social and welfare services

192.		Education.
193.		Housing.
194.		Reserve powers of county councils in relation to housing.
195.		Social services functions.

Miscellaneous functions

196.		Police.
197.		Fire services.
198.		Food and drugs authorities.
199.		Amendments of Food and Drugs Act 1955 and related local Acts.
200.		Power to confer on district councils in Wales certain functions relating to agriculture.
201.		Local weights and measures authorities.
202.		Public transport in passenger transport areas.
203.		Public transport outside passenger transport areas.
204.		Licensing: licensed premises, cinemas, theatres and refreshment houses.
205.		Rent officers and rent tribunals.

206.

Public libraries and museums (England).

207.		Public libraries and museums (Wales).
208.		Amendments of Public Libraries and Museums Act 1964.
209.		Youth employment services.
210.		Charities.
211.		Welsh Church funds.
212.		Local land charges.
213.		Local licence duties.
214.		Cemeteries and crematoria.
215.		Maintenance of a closed churchyard.

Part X

JUDICIAL AND RELATED MATTERS

216.		Adaptation of law relating to old counties.
217.		Justices of the peace and magistrates' courts.
218.		Lieutenants.
219.		Sheriffs and under-sheriffs.
220.		Coroners.
221.		Abolition of borough civil courts.

Part XI

GENERAL PROVISIONS AS TO LOCAL AUTHORITIES

Legal proceedings

222.		Power of local authorities to prosecute or defend legal proceedings.
223.		Appearance of local authorities in legal proceedings.

Documents and notices, etc.

224.		Arrangements by principal council for custody of documents.
225.		Deposit of documents with proper officer of authority, etc.
226.		Custody of parish and community documents.
227.		Provision of depositaries for parish and community documents.
228.		Inspection of documents.
229.		Photographic copies of documents.
230.		Reports and returns.
231.		Service of notices on local authorities, etc.
232.		Public notices.
233.		Service of notices by local authorities.
234.		Authentication of documents.

Byelaws

235.		Power of councils to make byelaws for good rule and government and suppression of nuisances.
236.		Procedure etc., for byelaws.
237.		Offences against byelaws.
238.		Evidence of byelaws.

Miscellaneous provisions

239.		Power to promote or oppose local or personal Bills.
240.		Provisional orders and orders subject to special parliamentary procedure.
241.		Power to apply provisions of Act to joint boards, etc.
242.		Effect of inaccurate description.

243.		Computation of time and timing of elections, etc.
244.		Saving of transfer of certain powers under local Acts from Treasury to Secretary of State.

Part XII

MISCELLANEOUS AND GENERAL

Status, etc.

245.		Status of certain districts, parishes and communities.
246.		Preservation of powers, privileges and rights of existing cities or boroughs.
247.		Transfer of armorial bearings from old to new authorities.
248.		Freemen and inhabitants of existing boroughs.
249.		Honorary aldermen and freemen.

Inquiries

250.

Power to direct inquiries.

General

251.		Consequential and minor modifications and amendments.
252.		General power to adapt Acts and instruments.
253.		Transfer of powers of certain public bodies.
254.		Consequential and supplementary provision.
255.		Transfer of officers.
256.		Continuity of employment in cases of voluntary transfer.
257.		Staff commission for England.
258.		Staff commission for Wales.
259.		Compensation for loss of office.
260.		Provision for early retirement in lieu of compensation for loss of office.
261.		Remuneration of employees of existing local authorities outside Greater London.
262.		Local Acts and instruments.
263.		Existing joint boards and committees and port health districts.
264.		Committees of existing councils for consideration of certain matters.
265.		Application of Act to Isles of Scilly.
266.		Orders, rules and regulations.
267.		Expenses.
268.		Amendment of House of Commons Disqualification Act 1957.
269.		Meaning of "England" and "Wales".
270.		General provisions as to interpretation.
271.		Savings.
272.		Repeals.
273.		Commencement.
274.		Short title and extent.

SCHEDULES:

Schedule 1

-- Counties and Metropolitan Districts in England

Part I

-- Metropolitan Counties and Metropolitan Districts

Part II

-- Non-Metropolitan Counties

Part III

-- Rules as to Boundaries

Part IV

-- Divided Parishes

Part V

-- Constitution of Parishes by Reference to existing Urban District and Borough Boundaries

Schedule 2

-- Constitution and Membership of Greater London Council and London Borough Councils

Part I

Part II

Schedule 3

-- Establishment of New Authorities in England

Schedule 4

-- Local Government Areas in Wales

Part I

-- Counties

Part II

-- Districts

Part III

-- Communities Differing from Existing Local Government Areas

Part IV

-- Rules as to Boundaries

Schedule 5

-- Establishment of New Authorities in Wales

Schedule 6

-- Amendment and Modification of Election Law

Schedule 7

-- Constitution and Proceedings of the Local Government Boundary Commission for England

Schedule 8

-- Constitution and Proceedings of the Local Government Boundary Commission for Wales

Schedule 9

-- Initial Review of Electoral Arrangements in England

Schedule 10

-- Initial Reviews in Wales

Schedule 11

-- Rules to be Observed in Considering Electoral Arrangements

Schedule 12

-- Meetings and Proceedings of Local Authorities

Part I

-- Principal Councils

Part II

-- Parish Councils

Part III

-- Parish Meetings

Part IV

-- Community Councils

Part V

-- Community Meetings

Part VI

-- Provisions Relating to Local Authorities Generally

Schedule 13

-- Loans and Other Financial Provisions

Part I

-- Borrowing, Lending and Funds

Part II

-- Amendments with Respect to Finance and Rating

Schedule 14

-- Amendment and Modification of Public Health Acts, Etc.

Part I

-- The Public Health Act 1936

Part II

-- Other Enactments

Schedule 15

-- Amendment and Modification of Enactments Relating to Water and Sewerage

Schedule 16

-- Functions Under, and Amendment and Modification of, Enactments Relating to Town and Country Planning

Part I

-- Town and Country Planning Act 1971

Part II

-- Other Enactments

Part III

-- Arrangements for Obtaining Advice

Schedule 17

-- Functions with Respect to National Parks and the Countryside

Part I

-- Discharge of Planning and Countryside Functions in National Parks

Part II

-- Survey of Public Paths, Etc.

Part III

-- Miscellaneous Modifications of 1949 and 1968 Acts

Schedule 18

-- Amendments of Town Development Act 1952

Schedule 19

-- Amendments of Enactments Relating to Road Traffic and Abandoned Vehicles

Part I

-- The Road Traffic Act 1972

Part II

-- The Road Traffic Regulation Act 1967

Part III

-- Part III of the Civic Amenities Act 1967

Schedule 20

-- Maintenance of Certain Highways by District Councils

Part I

-- Regulations Governing Exercise of Powers

Part II

-- Reimbursement by Highway Authorities of Certain Expenses of District Councils

Schedule 21

-- Amendments of Enactments Relating to Highways

Part I

-- The Highways Act 1959

Part II

-- Other Enactments

Schedule 22

-- Amendments of Enactments Relating to Housing

Part I

-- The Housing Act 1957

Part II

-- Other Enactments

Schedule 23

-- Amendments of Enactments Conferring Social Services Functions

Schedule 24

-- Amendments of Transport Act 1968, Part II

Part I

-- Amendments of General Application

Part II

-- Modifications of Part II in its Application to a Passenger Transport Area which is Coterminous with a County

Schedule 25

-- Amendments of Licensing Enactments

Part I

-- Amendments of Licensing Act 1964

Part II

-- Appeals in Respect of Licences under the Home Counties (Music and Dancing) Licensing Act 1926

Schedule 26

-- Cemeteries and Crematoria

Schedule 27

-- Amendments of Enactments Relating to Justices

Part I

-- The Justices of the Peace Act 1949

Part II

-- Other Enactments

Schedule 28

-- Borough Civil Courts to be Abolished

Schedule 29

-- Adaptation, Modification and Amendment of Enactments

Part I

-- General Adaptation of Enactments

Part II

-- Particular Modifications and Amendments

Schedule 30

-- Repeals

1972 c. 70

Local Government Act 1972

1972 CHAPTER 70

[26th October 1972]

An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates' courts committees; to abolish certain inferior courts of record; and for connected purposes.

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--

PART I

New local government areas

New local government areas in England.

1.--(1) For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government to be known as counties and in those counties there shall be local government areas to be known as districts.

(2) The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of Schedule 1 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of each Part of that Schedule.

(3) The districts in the metropolitan counties shall be those respectively specified in column 2 of the said Part I and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in that column, and the Secretary of State may by order provide a name for any such district.

(4) The districts in the non-metropolitan counties shall be those respectively specified in one or more orders made by the Secretary of State under paragraph 1 of Schedule 3 to this Act and having the names given to them by one or more order so made.

(5) Part III of Schedule 1 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6) Subject to Part IV of Schedule 1 to this Act and to any provision corresponding to that Part made by an order under section 254 below, the rural parishes existing immediately before 1st April 1974 shall continue to exist on and after that date by the name of parishes.

(7) The said Part IV shall have effect with respect to the existing rural parishes which by virtue of this Act are comprised in more than one county or more than one metropolitan district.

(8) Part V of Schedule 1 to this Act shall have effect for the purpose of constituting parishes the boundaries of which are determined by reference to those of existing boroughs and urban districts and also, in cases where the areas of such boroughs and urban districts are divided by or under this section between two or more new districts, by reference to the boundaries of the new districts.

1958 c. 55.

(9) The boroughs which by virtue of section 141 of the 1933 Act or section 28 of the Local Government Act 1958 are included in rural districts immediately before the passing of this Act shall on the passing of this Act become parishes without ceasing to be boroughs, but shall cease to be boroughs on 1st April 1974.

(10) On that date the following local government areas existing immediately before that date outside Greater London and the Isles of Scilly, that is to say, all administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes, shall cease to exist and the council of every such area which has a council shall also cease to exist.

(11) On that date the municipal corporation of every borough outside Greater London (and the corporation of a borough included in a rural district) shall cease to exist.

(12) In this section "England" does not include the administrative county of Monmouthshire or the county borough of Newport.

Principal councils

Constitution of principal councils in England.

2.--(1) For every county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2) For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name "The County Council" or "The District Council", as the case may be, with the addition of the name of the particular county or district.

Members of principal councils

Chairman.

3.--(1) The chairman of a principal council shall be elected annually by the council from among the councillors.

(2) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3) During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(4) The chairman of a district council shall have precedence in the district, but not so as prejudicially to affect Her Majesty's royal prerogative.

(5) A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Election of chairman.

4.--(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2) If, apart from section 3(3) above or section 5(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

Vice-chairman.

5.--(1) A principal council shall appoint a member of the council to be vice-chairman of the council.

(2) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council and during that time shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4) A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Term of office and retirement of councillors.

1949 c. 68.

6.--(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) For the purposes of the election of councillors--

(a)

every county shall be divided into electoral divisions, each returning (subject to paragraph 3 of Schedule 3 to this Act) one councillor;

(b)

every metropolitan district shall be divided into wards, each returning a number of councillors which is divisible by three; and

(c)

every non-metropolitan district shall be divided into wards, each returning such number of councillors as may be provided by an order under the said paragraph 3 or under or by virtue of the provisions of section 7 below or Part IV of this Act;

and there shall be a separate election for each electoral division or ward.

Elections of councillors.

7.--(1) The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2) The ordinary elections of metropolitan district councillors shall take place in 1973, 1975 and every year thereafter other than a year of election of county councillors.

(3) Subject to paragraph 4 of Schedule 3 to this Act, the term of office of metropolitan district councillors shall be four years and one-third of the whole number of councillors in each ward of a metropolitan district, being those who have been councillors for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1975 the newly elected councillors shall come into office on the day on which their predecessors retire.

(4) Subject to subsection (5) below, a non-metropolitan district council may in pursuance of the requisite resolution request the Secretary of State to provide--

(a)

for a system of whole council elections, that is to say, the holding of the ordinary elections of all the councillors of the district simultaneously; or

(b)

for a system of elections by thirds, that is to say, the election of one-third, as nearly as may be, of the councillors of the district at the ordinary elections of such councillors in any year;

indicating in the case of a request under paragraph (b) above, those areas, if any, in which there should, and those, if any, in which there should not, be wards each returning a number of councillors which is divisible by three.

In this subsection "the requisite resolution" means in the case of a resolution passed before 1st April 1974 a resolution passed by a majority, and in the case of a resolution passed on or after that date a resolution passed by not less than two-thirds, of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(5) A resolution may not be passed under subsection (4) above within ten years of a previous resolution thereunder.

(6) Where the Secretary of State receives a request under subsection (4)(a) above from a district council or does not before 1st April 1974 receive a request from a district council under subsection (4)(b) above, he may make an order providing for the ordinary elections of all the district councillors to be held simultaneously and the order may contain the like provision, and shall be treated, as if made under section 51 below.

(7) Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may ask the English Commission to make proposals in the light of the request with respect to--

(a)

the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b)

the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

and, where the Commission have not completed their review of the electoral arrangements for the district under Schedule 9 to this Act, they shall as part of that review consider the proposals to be made under this subsection and, in any other case, sections 52, 60 and 61 below shall apply to the consideration by the Commission of any such proposals as they apply to their conduct of a review under section 50 below and any such proposals shall be treated as if made under section 51 below.

(8) The ordinary elections of non-metropolitan district councillors shall take place--

(a)

except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b)

where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(9) The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to non-metropolitan district councillors:--

(a)

their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;

(b)

except where an order is in force providing for the election of councillors by thirds, the whole number of councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and

(c)

where such an order is in force, one-third of the whole number of councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

Constitution and membership of Greater London Council and London borough councils.

8.--(1) Sections 2 to 7 above shall not apply to the Greater London Council or London borough councils but, subject to subsection (2) below, the provisions of Schedule 2 to this Act shall have effect in relation to them instead.

(2) The Secretary of State may by order make such modifications of sub-paragraphs (2) and (3) of paragraph 6 of Schedule 2 to this Act as appear to him to be appropriate for all or any of the following purposes--

(a)

to secure that ordinary elections of councillors of the Greater London Council take place in the same years as ordinary elections of county councillors,

(b)

to secure that ordinary elections of London borough councillors are held in years in which ordinary elections of metropolitan district councillors are held, and

(c)

to secure that provisions corresponding to section 7(3) above apply to the retirement of London borough councillors.

(3) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Parishes

Parish meetings and councils.

9.--(1) For every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment and, subject to the provisions of this Act or any instrument made thereunder, for every parish or group of parishes having a parish council before 1st April 1974 there shall continue to be a parish council.

(2) If a parish has not a parish council (whether separate or common) the district council shall, and if a parish is grouped under a common parish council the district council may, by order establish a separate parish council for that parish--

(a)

if the population includes 200 or more local government electors; or

(b)

if in the case of a parish the population of which includes more than 150 but less than 200 local government electors, the parish meeting of the parish so resolve.

(3) If a parish has a population which includes not more than 150 local government electors, the district council may by order establish a separate parish council for that parish if the parish meeting so resolve.

(4) Subject to any order under section 10 or 11 or Part IV below, there shall be a separate parish council for--

(a)

every parish which immediately before the passing of this Act was a borough included in a rural district;

(b)

every parish which immediately before the passing of this Act was co-extensive with a rural district;

(c)

every parish established by paragraph 1 of Part IV of Schedule 1 to this Act;

(d)

every parish to which part of another parish is added by paragraph 2 of the said Part IV and which immediately before the passing of this Act had no parish council; and

(e)

every parish constituted under Part V of Schedule 1 to this Act.

1949 c. 68.

(5) An order establishing a separate parish council for a parish shall make such provision as appears to the district council to be necessary for the election of a parish council in accordance with this Act and Part I of the Representation of the People Act 1949.

(6) An order shall not be made under this section establishing a separate parish council for a parish grouped under a common parish council unless by that order or an order under section 11(4) below the parish is separated from the group or the group is dissolved, and where the group is not dissolved, the order under this section shall make such provision

as appears to the district council to be necessary for the alteration of the parish council of the group.

Power to dissolve parish councils in small parishes.

10.--(1) Where the population of a parish having a separate parish council includes not more than 150 local government electors, the parish meeting may apply to the district council for the dissolution of the parish council, and thereupon the district council may by order dissolve the parish council.

(2) Where an application under this section by a parish meeting is rejected, another such application may not be presented by that meeting within two years from the making of the previous application.

Orders for grouping parishes, dissolving groups and separating parishes from groups.

11.--(1) The parish meeting of a parish may apply to the district council for an order grouping the parish with some neighbouring parish or parishes in the same district under a common parish council or by adding the parish to an existing group of such parishes under such a council, and the district council may thereupon make an order accordingly, but subject to subsection (2) below.

(2) Parishes shall not be grouped without the consent of the parish meeting of each of the parishes.

(3) A grouping order shall make the necessary provision--

(a)

for the name of the group;

(b)

for the election in accordance with this Act and Part I of the Representation of the People Act 1949 of separate representatives on the parish council for each parish or for the wards of any parish or, in the case of an order which adds a parish to the group, for that parish or for the wards of that parish;

1960 c. 58.

(c)

for the application to the parishes included in the group of all or any of the provisions of section 37 of theCharities Act 1960 (parochial charities) and of any of the provisions of this Act with respect to the custody of parish documents, so as to preserve the separate rights of each parish;

(d)

for the dissolution of the separate parish council of any parish included in the group,

and the order may provide for the consent of the parish meeting of a parish being required to any particular act of the parish council, and for any necessary adaptations of this Act to the group of parishes or to the parish meetings of the parishes in the group.

(4) The district council may on the application of the council of a group of parishes or of the parish meeting of any parish included in a group of parishes make an order dissolving the group or separating one or more of those parishes from the group, and an order so made shall make such provision as appears to the district council to be necessary for the election of a parish council for any of the parishes in the group, where it is dissolved, and for any of the parishes separated from the group, where it is not.

(5) Parishes grouped under a common parish council before 1st April 1974 and situated in different districts on and after that date shall, notwithstanding that they are so situated, continue to be grouped under that council--

(a)

unless an order is made under section 9 or subsection (4) above or Part IV below dissolving the group; or

(b)

except so far as such an order separates one or more of the parishes from

the group;

and any order under that section or subsection in relation to any parishes so situated shall be made by the district councils concerned acting jointly.

Provision supplementary to sections 9 to 11.

12.--(1) An order made by a district council or district councils under section 9, 10 or 11 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council or district councils to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2) When any such order is made, section 68 below shall apply as if the order were made under Part IV of this Act.

(3) Two copies of every such order shall be sent to the Secretary of State.

Constitution of parish meeting, etc.

13.--(1) The parish meeting of a parish shall consist of the local government electors for the parish.

(2) Any act of a parish meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting, or, if an instrument under seal is required, by an instrument signed by those persons and sealed with the seal of the parish council in the case of a parish having a separate parish council or the parish trustees in any other case, if that council or those trustees have a seal, or, if they do not, with the seals of those persons.

(3) In a parish not having a separate parish council the chairman of the parish meeting and the proper officer of the district council shall be a body corporate by the name of "the Parish Trustees" with the addition of the name of the parish.

(4) The parish trustees of a parish shall act in accordance with any directions given by the parish meeting.

(5) Notwithstanding anything in any rule of law the parish trustees need not have a common seal, but where they have no seal any act of theirs which requires to be signified by an instrument under seal may be signified by an instrument signed and sealed by the persons who are the parish trustees.

Constitution and powers of parish council.

14.--(1) A parish council shall consist of the chairman and parish councillors and shall have all such functions as are vested in the council by this Act or otherwise.

(2) The parish council shall be a body corporate by the name "The Parish Council" with the addition of the name of the particular parish.

(3) Notwithstanding anything in any rule of law, a parish council need not have a common seal, but where a parish council have no seal any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

Chairman and vice-chairman of parish council or meeting.

15.--(1) The chairman of a parish council shall be elected annually by the council from among the councillors.

(2) The election of a chairman shall be the first business transacted at the annual meeting of the parish council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the parish council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5) A parish council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6) The parish council may appoint a member of the council to be vice-chairman of the council.

(7) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of parish councillors.

(9) Subject to any standing orders made by the parish council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(10) In a parish not having a separate parish council, the parish meeting shall, subject to any provisions of a grouping order, at their annual assembly elect a chairman for the year who shall continue in office until his successor is elected.

Parish councillors.

16.--(1) The number of parish councillors for each parish shall be such number not being less than five as may be fixed from time to time by the district council.

1949 c. 68.

(2) Parish councillors shall be elected by the local government electors for the parish in accordance with this Act and Part I of the Representation of the People Act 1949.

(3) Subject to any provision included in an order by virtue of section 67 below and to the provisions of paragraphs 12 and 13 of Schedule 3 to this Act, the ordinary elections of parish councillors shall take place in 1976, 1979 and every fourth year thereafter, their term of office shall be three years in the case of those elected at the ordinary elections in 1976 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of parish councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and the newly elected councillors shall come into office on the day on which their predecessors retire.

(4) Where a parish is not divided into parish wards there shall be one election of parish councillors for the whole parish.

(5) Where a parish is divided into parish wards there shall be a separate election of parish councillors for each ward.

Parish meetings for parish wards, etc.

17. Where a parish meeting is required or authorised by or under any enactment to be held for a parish ward or other part of a parish--

(a)

the persons entitled to attend and vote at the meeting, or to vote at any poll consequent thereon, shall be the local government electors registered in respect of qualifications in that parish ward or part of the parish; and

(b)

the provisions of this Act with respect to parish meetings for the whole of a parish, including the provisions with respect to the convening of a parish meeting by local government electors, shall apply as if the parish ward or part of the parish were the whole parish.

Miscellaneous

Establishment of new authorities in England.

18. Schedule 3 to this Act shall have effect with respect to the division of non-metropolitan counties into districts, the establishment of the new local authorities in England, the suspension of elections of members of existing local authorities there and related matters.

Extent of Part I.

19. This Part of this Act shall extend to England only.

PART II

New local government areas

New local government areas in Wales.

20.--(1) For the administration of local government on and after 1st April 1974 Wales shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2) The counties shall be those named in Part I of Schedule 4 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of that Part of that Schedule.

(3) In the counties specified in column 1 of Part II of that Schedule there shall be the districts respectively specified in column 2 of Part II of that Schedule and those districts shall comprise the areas respectively described as aforesaid in column 3 of that Part of that Schedule, and the Secretary of State may by order provide a name for any such district.

(4) On and after 1st April 1974 every district shall consist of one or more areas to be known as communities which shall be established in accordance with the following paragraphs:--

(a)

the area of each borough existing immediately before that date shall on that date become a community of the district in which it is comprised and shall be known by the same name as the borough's;

(b)

the area of each urban district then existing which is wholly comprised in a district shall on that date become a community of that district and shall be known by the same name as the urban district's;

(c)

the area of each rural parish then existing shall on that date become a community of the district in which it is comprised and shall be known by the same name as the parish's;

(d)

in the districts specified in column 1 of Part III of Schedule 4 to this Act there shall on that date be established the communities respectively named in column 2 of that Part of that Schedule and described (by reference to administrative areas existing immediately before the passing of this Act) in column 3 of that Part of that Schedule.

(5) Part IV of Schedule 4 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6) On 1st April 1974 all local government areas existing immediately before that date, that is to say, all administrative counties, boroughs, urban districts, rural districts and urban and rural parishes, shall cease to exist, and the following shall also cease to exist--

(a)

the council of every such area which has a council;

(b)

in the ease of a borough, the municipal corporation of the borough;

(c)

in the ease of a parish, the parish meeting;

(d)

in the ease of a parish for which there is no separate parish council, the representative body of the parish;

(e)

in the case of parishes included in a group, the common parish council.

(7) In this section "Wales" includes the administrative county of Monmouthshire and the county borough of Newport.

Principal councils

Constitution of principal councils in Wales.

21.--(1) For every county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2) For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name "The County Council"or "The District Council", as the case may be, with the addition of the name of the particular county or district.

Members of principal councils

Chairman.

22.--(1) The chairman of a principal council shall be elected annually by the council from among the councillors.

(2) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(3) During his term of office the chairman shall continue to be a member of the council notwithstanding the provisions of this Act relating to the retirement of councillors.

(4) The chairman of a district council shall have precedence in the district, but not so as prejudicially to affect Her Majesty's royal prerogative.

(5) A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Election of chairman.

23.--(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2) If, apart from section 22(3) above or section 24(2) below, the person presiding at the meeting would have ceased to be a member of the council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

Vice-chairman.

24.--(1) A principal council shall appoint a member of the council to be vice-chairman of the council.

(3) Subject to any standing orders made by the council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

(4) A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

Term of office and retirement of councillors.

1949 c. 68.

25.--(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) For the purposes of the election of councillors--

(a)

every county shall be divided into electoral divisions, each returning (subject to paragraph 2 of Schedule 5 to this Act) one councillor; and

(b)

every district shall be divided into wards, each returning such number of councillors as may be provided by an order under the said paragraph 2 or under or by virtue of the provisions of section 26 below or Part IV of this Act;

and there shall be a separate election for each electoral division or ward.

Elections of councillors.

26.--(1) The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2) Subject to subsection (3) below, a district council may in pursuance of the requisite resolution request the Secretary of State to provide--

(a)

for a system of whole council elections, that is to say, the holding of the ordinary elections of all the councillors of the district simultaneously; or

(b)

for a system of elections by thirds, that is to say, the election of one-third, as nearly as may be, of the councillors of the district at the ordinary elections of such councillors in any year;

indicating, in the case of a request under paragraph (b) above, those areas, if any, in which there should, and those, if any, in which there should not, be wards each returning a number of councillors which is divisible by three.

(3) A resolution may not be passed under subsection (2) above within ten years of a previous resolution thereunder.

(4) Where the Secretary of State receives a request under subsection (2)(a) above from a district council or does not before 1st April 1974 receive a request from a district council under subsection (2)(b) above, he may make an order providing for the ordinary elections of all the district councillors to be held simultaneously and the order may contain the like provision, and shall be treated, as if made under section 58 below.

(5) Where the Secretary of State receives a request under subsection (2)(b) above from a district council he may ask the Welsh Commission to make proposals in the light of the request with respect to--

(a)

the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b)

the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

and, where the Commission have not completed their review of the electoral arrangements

for the district under paragraph 10 of Schedule 10 to this Act, they shall as part of that review consider the proposals to be made under this subsection and, in any other case, sections 59, 60 and 61 below shall apply to the consideration by the Commission of any such proposals as they apply to their conduct of a review under section 57 below and any such proposals shall be treated as if made under section 58 below.

(6) The ordinary elections of district councillors shall take place--

(a)

except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b)

where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(7) The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to district councillors--

(a)

(b)

except where an order is in force providing for the election of councillors by thirds, the whole number of the councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and

(c)

where such an order is in force, one-third of the whole number of the councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

Communities

Community meetings and councils.

27.--(1) A meeting of the local government electors for a community (hereafter in this Act referred to as a community meeting) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.

(2) For the purpose of exercising functions on and after 1st April 1974 there shall be a community council for--

(a)

every community which is co-extensive with the area of a rural parish existing immediately before that date and having a separate parish council;

(b)

every group of communities the areas of which are co-extensive with the areas of rural parishes existing immediately before that date and grouped under a common parish council; and

(c)

any other community in respect of which the Secretary of State has directed under subsection (3) or (4) below that there is to be a community council.

(3) The Secretary of State shall, on an application in writing made to him before 1973 by the council of an existing borough (except an excepted borough) or of an existing urban district, being a borough or district the area or part of the area of which is co-extensive with the area of a community, direct that there shall be a council for the community for the purpose of exercising functions on and after 1st April 1974.

(4) The Secretary of State may, without any application under subsection (3) above, but after such consultations as he thinks proper, direct not later than 30th June 1973 that for the said purpose there shall be a community council for a particular community the area of which is co-extensive with the area or part of the area of an existing borough (except an excepted borough) or of an existing urban district.

(5) A community meeting of a community having a separate community council may, after 1st April 1974 and before the submission to the Secretary of State of the report of the Commission on the special community review relating to that community, apply to the district council for the dissolution of the community council, and thereupon the district council may by order dissolve the community council.

(6) In this section "excepted borough" means the borough of Cardiff, Merthyr Tydfil, Newport, Port Talbot, Rhondda or Swansea.

Establishment and dissolution of community councils.

28.--(1) A community meeting of a community which has not a separate community council and is not co-extensive with a district may, at any time except as provided by section 30 below, apply to the district council for an order establishing a council for the community, and thereupon the district council shall make such an order accordingly.

1949 c. 68.

(2) An order establishing a separate community council for a community shall make such provision as appears to the district council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1949.

(3) An order shall not be made under this section establishing a separate community council for a community grouped under a common community council unless by that order or an order under section 29(4) below the community is separated from the group or the group is dissolved, and where the group is not dissolved, the order under this section shall make such provision as appears to the district council to be necessary for the alteration of the community council of the group.

(4) A community meeting of a community having a separate community council may, at any time except as provided by section 30 below, apply to the district council for the dissolution of the community council, and thereupon the district council shall by order dissolve the community council.

Orders for grouping communities, dissolving groups and separating communities from groups.

29.--(1) A community meeting of a community may, at any time except as provided by section 30 below, apply to the district council for an order grouping the community with some neighbouring community or communities in the same district under a common community council or by adding the community to an existing group ofsuch communities under such a council, and the district council may thereupon make an order accordingly, but subject to subsection (2) below.

(2) Communities shall not be grouped without the consent of a community meeting of each of the communities.

(3) A grouping order shall make the necessary provision--

(a)

for the name of the group;

1949 c. 68.

(b)

for the election in accordance with this Act and Part I of the Representation of the People Act 1949 of separate representatives on the community council for each community or for the wards of any community or, in the case of an order which adds a community to the group, for that community or for the wards of that community;

1960 c. 58.

(c)

for the application to the communities included in the group of all or any of the provisions of section 37 of the Charities Act 1960 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community;

(d)

for the dissolution of the separate community council of any community included in the group;

and the order may provide for any necessary adaptations of this Act to the group of communities.

(4) The council of a group of communities or a community meeting of a community included in a group of communities may, at any time except as provided by section 30 below, apply to the district council for an order dissolving the group or separating one or more of those communities from the group, and the district council may thereupon make an order accordingly, and an order so made shall make such provision as appears to the district council to be necessary for the election of a community council for any of the communities in the group, where it is dissolved, and for any of the communities separated from the group, where it is not.

Restriction on community applications during and after reviews.

30.--(1) Subject to subsection (3) below, no community application shall be made in relation to any community--

(a)

until the expiration of two years beginning with the coming into force of an order under Schedule 10 to this Act consequent on the report of the Commission on the special community review relating to that community; or

(b)

during the two years beginning with the coming into force of an order relating to the community under Part IV of this Act consequent on the report or proposals of the Commission or Commissions on a review under that Part of this Act of the county or district of which the community forms part or, as the case may be, of the community; or

(c)

during the two years beginning with the coming into force of an order made under this Part of this Act on a community application in relation to the community.

(2) In relation to an application under section 28(4) above subsection (1) above shall have effect as if for the words "two years", in each place where they occur, there were substituted the words "five years".

(3) The Secretary of State may, on an application made by the Commission or Commissions at any time when conducting a review under Part IV of this Act or on an application by a district council at any time when conducting such a review, direct that no community application shall be made in relation to any community affected by the review until the Secretary of State further directs.

(4) Notwithstanding anything in subsections (1) and (2) above but without prejudice to subsection (3) above, the Secretary of State may permit the making of a community application in relation to a community if requested to do so by the council of the district in which the community is situated or by the community council (if any) or a community meeting of the community.

(5) In this section "community application" means any application under section 28 or 29 above.

Provision supplementary to sections 27 to 29.

31.--(1) An order made by a district council under section 27, 28 or 29 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2) Where any such order is made, section 68 below shall apply as if the order were made under Part IV of this Act.

(3) Two copies of every such order shall be sent to the Secretary of State.

Constitution of community meeting.

32.--(1) A community meeting of a community shall consist of local government electors for the community.

(2) A community meeting may authorise the person presiding and two other local government electors present at the meeting to do anything or any class of things authorised by the meeting.

(3) Any act of a community meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting.

Constitution and powers of community council.

33.--(1) A community council shall consist of the chairman and community councillors and shall have all such functions as are vested in the council by this Act or otherwise.

(2) The community council shall be a body corporate by the name "The Community Council" with the addition of the name of the particular community.

(3) Notwithstanding anything in any rule of law, a community council need not have a common seal, but where a community council have no seal any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

Chairman and vice-chairman of community council.

34.--(1) The chairman of a community council shall be elected annually by the council from among the councillors.

(2) The election of a chairman shall be the first business transacted at the annual meeting of the community council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the community council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

(3) In the case of an equality of votes in the election of a chairman the person presiding at the meeting shall give a casting vote in addition to any other vote he may have.

(4) The chairman shall, unless he resigns or becomes disqualified, continue in office until his successor becomes entitled to act as chairman.

(5) A community council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6) A community council may appoint a member of the council to be vice-chairman of the council.

(7) The vice-chairman shall, unless he resigns or becomes disqualified, hold office until immediately after the election of a chairman at the next annual meeting of the council.

(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of community councillors.

(9) Subject to any standing orders made by the community council, anything authorised or required to be done by, to or before the chairman may be done by, to or before the vice-chairman.

Community councillors.

1949 c. 68.

35.--(1) Community councillors shall be elected by the local government electors for the community in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) Subject to any provision included in an order by virtue of section 67 below, the ordinary elections of community councillors shall take place in 1974, 1979 and every fourth year thereafter, their term of office shall be five years in the case of those elected at the ordinary elections in 1974 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of community councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1979 the newly elected councillors shall come into office on the day on which their predecessors retire.

(3) Where a community is not divided into community wards there shall be one election of community councillors for the whole community.

(4) Where a community is divided into community wards there shall be a separate election of community councillors for each ward.

Community meetings for community wards, etc.

36. Where a community meeting is required or authorised by or under any enactment to be held for a community ward or other part of a community--

(a)

(b)

the provisions of this Act with respect to community meetings for the whole of the community, including the provisions with respect to the convening of a community meeting by local government electors, shall apply as if the community ward or part of the community were the whole community.

Miscellaneous

Establishment of new authorities in Wales.

37. Schedule 5 to this Act shall have effect with respect to the establishment of new local authorities in Wales, the suspension of elections of members of existing local authorities there and related matters.

Extent of Part II.

38. This Part of this Act shall extend to Wales only.

PART III

Registration officers.

39. In England and Wales the council of every district and London borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or contained in the district or borough, and the Common Council shall appoint an officer to be registration officer for any part of the constituency containing the City and the Temples.

Returning officers at parliamentary elections.

40.--(1) In England and Wales the returning officer for a parliamentary election shall be--

(a)

in the case of a county constituency which is coterminous with or wholly contained in a county, the sheriff of the county;

(b)

in the case of a borough constituency which is coterminous with or wholly contained in a district, the chairman of the district council;

(c)

in the case of any other constituency wholly outside Greater London, such sheriff or chairman of a district council as may be designated in an order made by the Secretary of State;

(d)

in the case of a constituency which is coterminous with or wholly contained in a London borough, the mayor of the borough;

(e)

in the case of a constituency wholly or partly in Greater London which is situated partly in one London borough and partly in a district or any other London borough, the mayor of such London borough or the chairman of such district council as may be designated in an order made by the Secretary of State.

(2) The City and the Temples shall be treated for the purposes of this section as if together they formed a London borough.

(3) For section 18(1) of the 1949 Act (discharge of functions of returning officer) there shall be substituted the following subsections:--

"(1) In England and Wales the duties of the returning officer for parliamentary elections except those excepted by subsection (1A) of this section shall be discharged, as acting returning officer--

(a)

in the case of a constituency for which the chairman of a district council or the mayor of a London borough is returning officer by virtue of section 40(1) of the Local Government Act 1972, by the registration officer appointed by that council;

(b)

in the case of any other constituency, by such registration officer as may be designated in an order made by the Secretary of State.

(1A) The duties excepted from subsection (1) are--

(a)

any duty imposed on a returning officer under rule 3 of the parliamentary elections rules; and

(b)

any duties so imposed under rule 51 of those rules which the person (if any) who for the time being holds the office of returning officer reserves to himself and undertakes to perform in person.

(1B) In the event of the death of a sheriff the acting returning officer shall discharge all the duties of sheriff as returning officer until another sheriff is appointed and has made the declaration of office."

1887 c. 55.

(4) Section 25 of the Sheriffs Act 1887 (death of sheriff) shall not authorise the under-sheriff to discharge the duties of returning officer.

(5) A parliamentary election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

Returning officers at local government elections.

41.--(1) Every county council shall appoint an officer of the council to be the returning officer for elections of councillors of the county and every district council shall appoint an officer of the council to be the returning officer for the elections of councillors of the district and an officer of the council to be the returning officer for elections of councillors of parishes or communities within the district.

(2) The returning officer at an election of a councillor of the Greater London Council shall be the proper officer of the borough which constitutes or includes the electoral area for which the election is held or, in the case of the electoral area which includes the City and the Temples, the proper officer of the City of Westminster.

(3) The returning officer at an election of London borough councillors shall be the proper officer of the borough.

(4) The returning officer at any election mentioned in subsections (1) to (3) above may by writing under his hand appoint one or more persons to discharge all or any of his functions.

(5) A local government election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

Conduct of local government elections.

42.--(1) Elections of councillors for all local government areas shall be conducted in accordance with rules made by the Secretary of State and not (in the case of elections of councillors of counties, the Greater London Council and London boroughs) in accordance with the local elections rules in Schedule 2 to the 1949 Act.

1969 c. 15.

(2) Accordingly references in that Act and the Representation of the People Act 1969 to local elections rules shall be construed as references to rules made under this section and references in those Acts to parish election rules shall be construed as references to rules under this section relating to the conduct of elections of parish or, as the case may be, community councillors.

(3) Rules made under this section shall apply the parliamentary elections rules in Schedule 2 to the 1949 Act subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

(4) When the following ordinary elections fall to be held in the same year, that is to say--

(a)

the ordinary election of district councillors for any district ward; and

(b)

the ordinary election of parish or community councillors for any parish or community, or any parish or community ward, which is co-extensive with or situated in that district ward;

the polls at those elections shall be taken together and one-half of the cost of taking the combined polls shall be treated as attributable to the holding of each election.

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a principal area shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.

(6) All expenditure properly incurred by a returning officer in relation to the holding of an election of a parish or community councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the district in which the parish or the community is situated, exceed that scale, be paid by the district council, but any expenditure so incurred shall be chargeable only on the parish or community for which the election is held.

(7) Before a poll is taken at an election of a councillor for any local government area the council of that area or, in the case of an election of a parish or community councillor, the council who appointed the returning officer shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(8) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Ordinary day of election.

43. In every year after 1974 the ordinary day of election of councillors shall be the same for all local government areas in England and Wales and shall be the first Thursday in May or such other day as may be fixed by the Secretary of State by order made not later than 1st February in the year preceding the first year in which the order is to take effect.

Omission to hold election or election void.

44.--(1) If at an election of a councillor for any local government area--

(a)

the poll is abandoned or countermanded for any reason; or

(b)

no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held;

the returning officer or, in the case of an election of a councillor of the Greater London Council, the proper officer of the Council shall order an election to be held on a day appointed by him to fill any vacancy which remains unfilled, being a day falling within the period of forty-two days (computed in accordance with section 243(4) below) beginning with the day fixed as the day of election for the first mentioned election.

(2) If for any other reason an election to an office under this Act, other than that of chairman of a parish or community council or parish meeting or parish or community councillor, is not held on the appointed day or within the appointed time, or fails either wholly or in part or becomes void, the High Court may order an election to be held on a day appointed by the Court.

(3) The High Court may order that the costs incurred by any person in connection with proceedings under subsection (2) above shall be paid by the local authority concerned.

(4) In a case not falling within subsection (1) above, if any difficulty arises with respect to an election of parish or community councillors or of an individual parish or community councillor, or to the first meeting of a parish or community council after an ordinary election of parish or community councillors, or if, because an election is not held or is defective, or for any other reason, a parish or community council is not properly constituted, the district council may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of such an election or meeting and properly constituting the council, and may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.

(5) An order under this section may include such modifications of the provisions of this Act and rules under section 42 above or Part I of the 1949 Act as appear to the High Court or, as the case may be, the district council necessary or expedient for carrying the order into effect.

(6) In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, references in subsections (4) and (5) above to the district council shall be construed as references to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(7) Two copies of every order made by a district council under this section shall be sent to the Secretary of State.

(8) If a municipal election in a London borough is not held on the appointed day or

within the appointed time or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from acting.

Supplementary.

45.--(1) Schedule 6 to this Act shall have effect for the purpose of amending and otherwise modifying the operation of the Representation of the People Acts and other enactments relating to parliamentary and local government elections, being amendments and modifications necessary or expedient in consequence of other provisions of this Act.

1949 c. 68.

(2) In this Part of this Act "the 1949 Act" means the Representation of the People Act 1949, and "registration officer" has the same meaning as in that Act.

PART IV

Proposals by Local Government Boundary Commission for England

Local Government Boundary Commission for England.

46.--(1) There shall be a Local Government Boundary Commission for England (in this Act referred to as "the English Commission") who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 7 to this Act shall have effect with respect to the English Commission.

Proposals for changes in local government areas in England.

47.--(1) Subject to subsections (2) and (3) below, the English Commission may in consequence of a review conducted by them or a district council under this Part of this Act make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):--

(a)

the alteration of a local government area;

(b)

the constitution of a new local government area of any description outside Greater London by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of such an area of the like description;

(c)

the abolition of a principal area of any description outside Greater London and its distribution among other areas of the like description;

(d)

the conversion of a metropolitan into a non-metropolitan county or of a non-metropolitan into a metropolitan county and in consequence thereof the conversion of a metropolitan into a non-metropolitan district or of a non-metropolitan into a metropolitan district within the county;

(e)

the constitution of a new London borough by the amalgamation of two or more London boroughs or by the aggregation of parts of London boroughs or by the separation of part of a London borough;

(f)

the abolition of a London borough and the distribution of its area among other London boroughs;

(g)

the constitution of a new parish by--

(i) the establishment of any area which is not a parish or part of one as a parish; or

(ii) the aggregation of the whole or any part of any such area with one or more parishes or parts of parishes;

(h)

the abolition of a parish with or without the distribution of its area among other parishes;

(i)

a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under the foregoing paragraphs or is a change (hereafter in this Part of this Act referred to as a substantive change) which is independent of any change in local government areas so proposed.

(2) The English Commission shall not make any proposals to the Secretary of State under this section for a substantive change of electoral arrangements for a parish except in accordance with section 50(7) below.

(3) The English Commission shall not make any such proposals for the conversion of a metropolitan into a non-metropolitan county or of a non-metropolitan into a metropolitan county before the first review carried out by the Commission under section 48(1) below.

(4) For the purposes of subsection (1)(b) and (c) above metropolitan and non-metropolitan counties are areas of a like description and so are metropolitan and non-metropolitan districts.

Duty and power to review local government areas in England.

48.--(1) Subject to subsection (2) and section 49(5) below, it shall be the duty of the English Commission not less than ten or more than fifteen years after 1st April 1974 and thereafter at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection to review--

(a)

all counties in England, all metropolitan districts and all London boroughs;

(b)

the boundaries between Greater London and the counties adjoining it and between the City and the London boroughs adjoining it;

for the purpose of considering whether or not to make such proposals in relation to all or any, or any part, of those areas or boundaries as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may by direction given to the English Commission vary the length of any interval specified in subsection (1) above either as respects the whole review or as respects any particular case or class of case.

(3) At a time when the English Commission are not conducting a review under subsection (1) above, they may, subject to section 49(5) below, review all or any, or any part, of the areas mentioned in subsection (1)(a) above or of the boundaries mentioned in subsection (1)(b) above for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) If the English Commission receive a request from a local authority or parish meeting that the Commission should conduct a review under subsection (3) above with respect to any area or boundary in England in which the authority or meeting appear to the Commission to be interested, the Commission shall consider the request.

(5) Subject to section 49(5) below, it shall be the duty of the English Commission to keep under review all non-metropolitan districts for the purpose of considering whether or not to make such proposals in relation to any such districts as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority or parish meeting appearing to the Commission to be interested in any such district that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

1965 c. 59.

(6) In any case where the Secretary of State has made an order under section 1 of the New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within

one district, he shall, as soon as practicable after the order has become operative, send to the English Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission, subject to section 49(5) below, to review the areas of those districts for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(7) Subject to section 49(5) below, the English Commission may at any time review the boundaries between the Inner Temple or the Middle Temple and the City or the City of Westminster for the purpose of considering whether or not to make such proposals with respect to any such boundaries as are authorised by section 47 above and what proposals, if any, to make and shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made with respect to any such boundaries by the Common Council, the Council of the City of Westminster, the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(8) Subject to section 49(5) below, it shall be the duty of the council for each district in England to keep the whole of their district under review for the purpose of considering whether or not to make recommendations to the English Commission for such proposals with respect to the constitution of new parishes, the abolition of parishes or the alteration of parishes in their district as are authorised by section 47 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any parish council or parish meeting appearing to the district council to be interested, and the district council shall from time to time report to the Commission accordingly.

(9) The English Commission shall consider any report made under subsection (8) above with respect to any district in England and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 47 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

Power of Secretary of State to direct holding or postponement of reviews.

49.--(1) The Secretary of State may direct the English Commission to conduct a review of the principal areas in England as a whole, or of any one or more local government areas or parts of suck areas in England, for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 47 above and what proposals, if any, to make and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may, at the request of the English Commission or otherwise, direct the council of a district in England to conduct a review of the whole or any part of their district for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new parishes, the abolition of parishes or the alteration of parishes in their district as are authorised by section 47 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3) The English Commission shall consider any report made under subsection (2) above with respect to any district in England and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 47 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) If a district council fail within the period specified in a direction under subsection (2) above to submit a report to the English Commission, the Secretary of State may direct the English Commission to conduct the review which the district council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) The Secretary of State may direct--

(a)

the English Commission not to undertake during a specified period a review of any one or more local government areas or parts of such areas, or boundaries between such areas, which the Commission have the duty or power to review under section 48 above; and

(b)

a district council not to undertake during a specified period a review of the whole or any specified part of their district which they have power to review under that section.

Substantive changes in electoral arrangements.

50.--(1) No review shall be conducted under section 48 or 49 above for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the English Commission not less than ten or more than fifteen years after the completion of the initial review of the electoral arrangements for counties under Schedule 9 below and thereafter, so far as is reasonably practicable, at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection in relation to the area in question, to review the electoral arrangements for every principal area in England for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(3) Without prejudice to subsection (2) above, the English Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a principal area in England for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) It shall be the duty of the council of each district in England to keep under review the electoral arrangements for the parishes (if any) in their district for the purpose of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make, and the council shall consider any request made with respect to those arrangements by the council for, or not less than thirty local government electors of, any parish appearing to the district council to be likely to be affected by those changes, and the district council may, if they think fit, make an order giving effect to those changes.

(5) The English Commission may, on a request made by the council for, or not less than thirty local government electors of, any parish, review the electoral arrangements for the parish for the purpose of considering whether or not to make proposals to the district council for an order under subsection (6) below changing those arrangements and what proposals, if any, to make, and may, if they think fit, formulate such proposals and send them to the district council accordingly.

(6) Where a district council have received proposals from the English Commission under subsection (5) above for an order under this subsection they may, if they think fit, make the order proposed or may suggest modifications to the proposals and, where the Commission agree to the modifications suggested, may make the order with those modifications.

(7) If after receiving any such proposals a district council inform the English Commission that in their opinion the order proposed should not be made (whether with or without modifications) or, if within six months of receiving any such proposals the district council have not

made the order proposed (whether with or without modifications), the Commission may report that fact to the Secretary of State and make to him the proposals which they made to the district council.

(8) No representations shall be made after the passing of this Act under paragraph 1 of Part III of Schedule 1 to the 1963 Act (consideration of electoral arrangements for London boroughs).

Commission's reports and their implementation.

51.--(1) Where the English Commission have--

(a)

in accordance with section 48 or 49 above been conducting a review of any area or considering any recommendations made by a district council; or

(b)

in accordance with section 50 above been conducting a review of electoral arrangements on which they have a power or duty to formulate proposals to, or submit a report to, the Secretary of State;

and in either case are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it or any of the recommendations, they shall submit a report to him on the review or that part or those recommendations, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Any statutory instrument containing an order under this section which alters the area of a county, district or London borough, the City, the Inner Temple or the Middle Temple or abolishes a county, district or London borough shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Directions about reviews.

52.--(1) The Secretary of State may give the English Commission or the council of a district in England directions for their guidance in conducting reviews under section 48, 49 or 50 above and making proposals or recommendations or considering substantive changes in electoral arrangements in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(2) A direction shall not be given under subsection (1) above with respect to all reviews, reviews of any class or a single review of all or any class of the principal areas in England except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(3) The Secretary of State may give directions to the English Commission with respect to the order in which areas or electoral arrangements are to be reviewed by them under any provision of section 48 or 49 above.

Proposals by Local Government Boundary Commission for Wales

Local Government Boundary Commission for Wales.

53.--(1) There shall be a Local Government Boundary Commission for Wales (in this Act referred to as "the Welsh Commission") who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 8 to this Act shall have effect with respect to the Welsh Commission.

Proposals for changes in local government areas in Wales.

54.--(1) Subject to subsection (2) below, the Welsh Commission may in consequence of a review conducted by them or a district council under this Part of this Act make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):--

(a)

the alteration of a local government area;

(b)

the constitution of a new local government area of any description by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of such an area of the like description;

(c)

the abolition of a local government area of any description and its distribution among other areas of the like description;

(d)

the constitution of a new community by--

(i) the establishment of any area which is not a community or part of one as a community;

(ii) the aggregation of the whole or any part of any such area with one or more communities or parts of communities;

(e)

(2) The Welsh Commission shall not make any proposals to the Secretary of State under this section for a substantive change of electoral arrangements for a community except in accordance with section 57(7) below.

Review of local government areas in Wales.

55.--(1) It shall be the duty of the Welsh Commission to keep under review all counties and districts in Wales for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority appearing to the Commission to be interested in any such county or district that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(2) Upon the completion, in relation to their district, of the special community review under Schedule 10 below it shall be the duty of the council for each district in Wales to keep the whole of their district under review for the purpose of considering whether or not to make recommendations to the Welsh Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities in their district as are authorised by section 54 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any community council or community meeting appearing to the district council to be interested, and the district council shall from time to time report to the Commission accordingly.

(3) The Welsh Commission shall consider any report made under subsection (2) above with respect to any district in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

1965 c. 59.

(4) In any case where the Secretary of State has made an order under section 1 of the New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the Welsh Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission to review the areas of those districts for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) If in conducting a review under this section the Commission or a district council intend to make, or recommend the making of, proposals for a change in local government

areas they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any of the following:--

(a)

the constitution of a council for a community (other than a community which is co-extensive with a district) or a group of such communities;

(b)

the dissolution of a community council, whether separate or common;

(c)

the separation of a community from a group of communities having a common community council;

(d)

the addition of a community to a group of communities having a common community council;

(e)

the making of provision for electoral arrangements for any community or group of communities which is consequential on any change proposed under the foregoing paragraphs;

and subsections (1) to (3) above shall apply in relation to proposals for any of those matters and recommendations for such proposals as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

Power of Secretary of State to direct holding of reviews.

56.--(1) The Secretary of State may direct the Welsh Commission to conduct a review of Wales as a whole, or of any one or more local government areas or parts of such areas in Wales, for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may, at the request of the Welsh Commission or otherwise, direct the council of a district in Wales to conduct a review of the whole or any part of their district for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities in their district as are authorised by section 54 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3) The Welsh Commission shall consider any report made under subsection (2) above with reference to any district in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) If a district council fail within the period specified in a direction under subsection (2) above to submit a report to the Welsh Commission, the Secretary of State may direct the Welsh Commission to conduct the review which the district council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) If in conducting a review under this section the Commission or a district council intend to make, or recommend the making of, proposals for a change in local government areas, they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any such matters as are mentioned in section 55(5) above, and subsections (1) to (3) of that section shall apply in relation to such proposals and recommendations as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

Substantive changes in electoral arrangements.

57.--(1) No review shall be conducted under section 55 or 56 above for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the Welsh Commission not less than ten or more than fifteen years after the completion of the initial review of the electoral arrangements for counties under Schedule 10 below and thereafter, so far as is reasonably practicable, at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection in relation to the area in question, to review the electoral arrangements for every principal area in Wales for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(3) Without prejudice to subsection (2) above, the Welsh Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a principal area in Wales for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) It shall be the duty of the council of each district in Wales to keep under review the electoral arrangements for the communities in their district for the purpose of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make and the council shall consider any requests made with respect to those arrangements by the council for, or not less than thirty local government electors of, any community appearing to the district council to be likely to be affected by those changes, and the district council may, if they think fit, make an order giving effect to those changes.

(5) The Welsh Commission may, on a request made by the council for, or not less than thirty local government electors of, any community, review the electoral arrangements for the community for the purpose of considering whether or not to make proposals to the district council for an order under subsection (6) below changing those arrangements and what proposals, if any, to make, and may, if they think fit, formulate such proposals and send them to the district council accordingly.

(6) Where a district council have received proposals from the Welsh Commission under subsection (5) above for an order under this subsection they may, if they think fit, make the order proposed or may suggest modifications to the proposals and, where the Commission agree to the modifications suggested, may make the order with those modifications.

(7) If after receiving any such proposals a district council inform the Welsh Commission that in their opinion the order proposed should not be made (whether with or without modifications) or if, within six months of receiving any such proposals the district council have not made the order proposed (whether with or without modifications), the Commission may report that fact to the Secretary of State and make to him the proposals which they made to the district council.

Commission's reports and their implementation.

58.--(1) Where the Welsh Commission have--

(a)

in accordance with section 55 or 56 above been conducting a review of any area or considering any recommendations made by a district council; or

(b)

in accordance with section 57 above been conducting a review of electoral arrangements on which they have a power or duty to formulate proposals to, or submit a report to, the Secretary of State;

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Welsh Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(4) Any statutory instrument containing an order under this section which alters the area of a county or district or abolishes a county or district shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Directions about reviews.

59.--(1) The Secretary of State may give the Welsh Commission or the council of a district in Wales directions for their guidance in conducting reviews under section 55, 56 or 57 above and making proposals or recommendations or considering substantive changes in electoral arrangements in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(2) A direction shall not be given under subsection (1) above with respect to all reviews, reviews of any class or a single review of all or any class of the principal areas in Wales except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(3) The Secretary of State may give directions to the Welsh Commission with respect to the order in which areas or electoral arrangements are to be reviewed by them under any provision of section 55 or 56 above.

Conduct of reviews

Procedure for reviews.

60.--(1) A Commission or district council proposing to conduct a review under the foregoing provisions of this Part of this Act shall take such steps as they think fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2) In conducting any such review a Commission or district council shall--

(a)

consult--

(i) the council of any local government area affected by the review, and such other local authorities and public bodies as appear to them to be concerned;

(ii) any bodies representative of staff employed by local authorities who have asked the Commission or the council, as the case may be, to be consulted; and

(iii) such other persons as they think fit;

(b)

take such steps as they think fit for securing that persons who may be interested in the review are informed of any draft proposals or recommendations, any draft of an order under section 50(4) or 57(4) above or any interim decision not to make proposals or recommendations or any such order and of the place or places where those proposals or recommendations or that order or decision can be inspected;

(c)

in particular, deposit copies of those proposals or recommendations or that order or decision at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d)

take into consideration any representations made to them within that period.

(3) In considering any recommendations made by a district council in consequence of a review conducted by them under this Part of this Act a Commission may consult the council of any local government area affected by the review, such other local authorities and public bodies as appear to them to be concerned and such other persons as they think fit.

(4) Where a Commission propose to modify any proposals recommended by a district council as aforesaid or not to submit any such proposals, the Commission shall--

(a)

take such steps as they think fit for securing that persons who may be interested in any modification or decision are informed of it and of the place or places where it can be inspected;

(b)

deposit copies of any draft modification or the decision at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(c)

take into consideration any representations which may be made to them with respect to any such modification or decision within that period.

(5) Where a Commission or a district council make a report, proposals or recommendations under this Part of this Act they shall--

(a)

take such steps as they think fit for securing that persons who may be interested in the report, proposals or recommendations are informed of the report, proposals or recommendations and of the place or places where they can be inspected;

(b)

in particular, deposit copies of the report, proposals or recommendations at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of an order giving effect, with or without modifications, to the proposals or recommendations or after a notification by the Commission that they have no proposals to put forward or, as the case may be, by the Secretary of State that he does not propose to give effect to the proposals of the Commission.

(6) Subject to subsections (1) to (5) above, the Secretary of State may make regulations prescribing the procedure by which a Commission or, as the ease may be, a district council are to conduct a review under this Part of this Act or by which a Commission are to consider recommendations of a district council thereunder.

(7) Subject to those subsections and to any regulations made under subsection (6) above, the procedure of a Commission or a district council in conducting any such review and the procedure of the Commission in considering any such recommendations shall be such as they may determine.

Local inquiries.

61.--(1) A Commission or district council may cause a local inquiry to be held with respect to any review carried out by them under this Part of this Act.

(2) Section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Commission or district council causing the inquiry to be held.

Border between England and Wales

Alterations in the boundaries between English and Welsh counties.

62.--(1) The English Commission and the Welsh Commission may jointly review the boundary between a county in England and a county in Wales and, with the consent of the councils of both counties, make joint proposals to the Secretary of State for making alterations to the boundary appearing to the Commissions desirable in the interests of effective and convenient local government and for making consequential changes to the electoral arrangements for any area in those counties.

(2) The Commissions shall before making proposals under this section--

(a)

give public notice in such manner as appears to the Commissions to be sufficient for informing persons likely to be concerned that they are holding a review under this section;

(b)

prepare draft proposals and furnish copies of them to all public bodies appearing to the Commissions to be affected thereby and require those bodies which are principal councils to make copies available for inspection at their offices for a period specified in the requirement;

(c)

on furnishing such copies as aforesaid give public notice as aforesaid that copies of the draft proposals are available for inspection as aforesaid and that objections to the proposals may be made to the Commissions within a time specified in the notice;

(d)

consider any objections received by the Commissions within that time and, if they think fit, cause a local inquiry to be held with respect to the proposals.

(3) Section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Commissions.

(4) The Secretary of State may give both the Commissions directions for their guidance in conducting a review and making proposals under this section.

(5) Where the Commissions have in accordance with this section completed a review thereunder, they shall submit to the Secretary of State a report on the review together with the proposals they have formulated or, as the case may be, a notification that they have no proposals to put forward, and section 60(5) above shall apply to the report and proposals as it applies to any report or proposals mentioned therein.

(6) Subject to the foregoing provisions of this section, the procedure of the Commissions for conducting a review under this section shall be such as they may determine.

(7) The Secretary of State may if he thinks fit by order give effect to any proposals made to him under this section either as submitted to him or with such modifications as he may agree with the county councils concerned.

(8) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Initial reviews

Review of electoral arrangements (England).

63. Schedule 9 to this Act shall have effect with respect to the initial review of electoral arrangements for counties and districts in England.

Special community review and review of electoral arrangements (Wales).

64. Schedule 10 to this Act shall have effect with respect to the review of Wales with a view to the making of changes in the areas, councils and electoral arrangements of communities in Wales and with respect to the initial review of electoral arrangements for counties and districts in Wales.

Supplementary provisions

Delegation of functions of Commission.

65.--(1) A Commission may appoint one or more members of the Commission--

(a)

to hold any local inquiry or to carry out any consultation or investigation which the Commission are required or authorised to hold or carry out under this Act; and

(b)

to report to the Commission accordingly.

(2) At the request of a Commission the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above--

(a)

shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b)

shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

Delegation of functions of Commissions acting jointly.

66.--(1) The Commissions acting jointly may appoint one or more members of either or both of the Commissions--

(a)

to hold any local inquiry or to carry out any consultation or investigation which the Commissions, acting jointly, are required or authorised to hold or carry out under this Act; and

(b)

to report to the Commissions accordingly.

(2) At the request of the Commissions the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above--

(a)

shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b)

shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

Consequential and transitional arrangements relating to Part IV.

67.--(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) Regulations under this section may in particular include, in addition to any provision made by virtue of section 255 below, provision of general application with respect to--

(a)

the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;

(b)

the functions or areas of jurisdiction of any public body, justice of the peace, stipendiary magistrate, coroner, custos rotulorum, lord-lieutenant, lieutenant, high sheriff and other officers (including police officers) within any area affected by any such order, and the costs and expenses of such public bodies and persons as aforesaid;

(c)

the transfer of legal proceedings;

and may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of an Act, an instrument made under an Act or a charter.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5) Any such order may also include provision with respect to--

(a)

the name of any altered area;

(b)

the constitution and election of public bodies in any area affected by the order;

(c)

the total number of councillors and aldermen (if any), the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, the first election of councillors for any new or altered electoral area, and the first election of aldermen (if any);

(d)

without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question

in a case where substantial changes have been made to some of those areas;

(e)

without prejudice to paragraph (c) above, the order of retirement of councillors for any such electoral area;

(f)

in the case of an order relating to the system of election of district councillors, the ordinary year of election and the order of retirement of parish or community councillors for any parish or community situated in the district;

(g)

the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order.

Transitional agreements as to property and finance.

68.--(1) Any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2) The agreement may provide--

(a)

for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b)

for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c)

for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3) In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator may provide for any matter for which an agreement under this section might have provided.

(4) Any sum required to be paid by a public body in pursuance of an agreement or award under this section may be paid out of such fund or rate as may be specified in the agreement or award, or if no fund or rate was specified, either out of the fund or rate from which the general expenses of the public body are defrayed, or out of such fund or rate as the public body may direct.

(5) For the purposes of paying any capital sum required to be paid by a public body in pursuance of any such agreement or award--

(a)

a local authority may borrow without the approval of the Secretary of State, but so that the sum borrowed shall be repaid within such period as the authority with the consent of the Secretary of State may determine;

(b)

any other public body having power under any enactment or any instrument made under any Act to borrow may borrow under that enactment or instrument; and

(c)

a public body having no power under any enactment or any such instrument to borrow may be empowered by an order made by the Secretary of State to borrow in such manner and in accordance with such conditions as may be provided by the order.

(6) Subject to subsection (7) below, capital money received by a local authority other

than a parish council, parish meeting or community council in pursuance of an agreement or award under this section shall be applied either--

(a)

at the discretion of the local authority in one or more of the following ways, namely,--

(i) for the purposes of a service whose cost is borne by the housing revenue account or by the county fund, the general fund of the Greater London Council or the general rate fund, being a purpose for which the authority have obtained the approval of the Secretary of State or have been authorised by a local enactment to borrow money on terms providing for repayment within a period of not less than 15 years;

(ii) in or towards the repayment of a debt incurred by the authority for the purpose of any such service as aforesaid, being a debt repayable within a period of which, at the date of the application of the money, not less than 15 years remain unexpired;

(iii) in making, in each of not less than 15 consecutive financial years, payments each of equal amount into the county fund, the general fund of the Greater London Council or the general rate fund;

(iv) in making a payment into a capital fund established by them under paragraph 16 of Schedule 13 to this Act; or

(b)

with the approval of the Secretary of State in or towards the repayment of a debt incurred by the authority (other than such a debt as is mentioned in paragraph (a)(ii) above) or otherwise for a purpose for which, apart from this subsection, capital money may be applied;

and capital money received by any other public body in pursuance of an agreement or award under this section shall be applied in such manner as me Secretary of State may approve towards the discharge of any debt of me body or otherwise for a purpose for which capital money may be applied.

(7) Capital money shall not be applied by a local authority under subsection (6) above--

(a)

in pursuance of paragraph (a)(i) thereof, for a purpose of any undertaking of the authority, being a transport, water, district heating, harbour, dock, pier or ferry undertaking, or a market or civic restaurant, or

(b)

in pursuance of paragraph (a)(ii) thereof, in or towards repayment of a debt incurred for a purpose of any such undertaking, market or restaurant, or

(c)

in pursuance of paragraph (a)(iv) thereof, so as to make the fund mentioned in that sub-paragraph exceed such sum as the Secretary of State may from time to time determine, either generally or in any particular case.

(8) Any agreement or award under this section which relates to the profits of local taxation licences shall, so far as it so relates, be carried out in accordance with regulations made by the Secretary of State.

(9) Subsection (8) above shall apply to--

(a)

an adjustment made under section 151 of the 1933 Act, whether as originally enacted or as applied by any other enactment or any instrument made under any

Act; and

1888 c. 41.

(b)

an adjustment made under section 32 or 62 of theLocal Government Act 1888, whether as originally enacted or as so applied, and consequent on an alteration of areas effected after 31st March 1930;

as it applies in relation to an agreement or award under this section.

Variation and revocation of orders under Part IV, etc.

69.--(1) The power conferred by section 266 below to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2) The Secretary of State or district council proposing to make any such varying or revoking order shall prepare a draft of the order, shall send copies of the draft to such local or public authorities as appear to him or them to be concerned, and shall give public notice, in such manner as appears to him or them sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at a place specified in the notice and that representations with respect to the draft may be made to him or them within two months of the publication of the notice.

(3) The Secretary of State or district council shall consider any representations duly made with respect to the draft and may, if he or they think fit, make an order either in the form of the draft or subject to modifications.

(4) The Secretary of State or a district council may cause a local inquiry to be held with respect to the draft and section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this subsection by a district council with the substitution for references to a Minister of references to the council.

(5) Any supplementary provision contained in an order made by a Minister of the Crown under any of the following enactments (being enactments making provision corresponding to some or all of the foregoing provisions of this Part of this Act), that is to say--

1929 c. 17.

(a)

section 46 of the Local Government Act 1929;

(b)

Part VI of the 1933 Act;

1958 c. 55.

(c)

Part II of the Local Government Act 1958;

(d)

section 6 of the 1963 Act;

(e)

any enactment repealed by the 1933 Act and corresponding to any enactment in the said Part VI;

may be varied or revoked by an order made by the Secretary of State, and subsections (2) to (4) above shall apply in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(6) Any supplementary provision contained in an order made under any of the enactments mentioned in subsection (5) above by a county council may be varied or revoked in relation to any new district to which or part of which that provision relates by an order made by the council of the district, and subsections (2) to (4) above shall apply with all

necessary modifications in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(7) In this section "supplementary provision" means any such provision as could be made by an order under this Part of this Act by virtue of section 67 above or section 255 below.

Miscellaneous

Restriction on promotion of Bills for changing local government areas, etc.

70. No local authority shall have power to promote a Bill for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.

Modification of seaward boundaries of local government areas.

71.--(1) A Commission may at any time review so much of the boundary of any county as lies below the high-water mark of medium tides and does not form a common boundary with another county and may make proposals to the Secretary of State for making alterations to any part of the boundary so as to include in the county any area of the sea which at the date of the proposals is not, in whole or in part, comprised in any other county or to exclude from the county any area of the sea which at that date is comprised in the county.

(2) The Secretary of State may direct a Commission to conduct a review under this section of a particular boundary or not to undertake during a specified period such a review of a particular boundary, and may give a Commission directions for their guidance in conducting a review and making proposals under this section.

(3) Subsections (1), (2), (5), (6) and (7) of section 60 above shall apply in relation to a review under this section as they apply in relation to a review under the provisions of this Part of this Act which precede that section.

(4) The Secretary of State may if he thinks fit by order give effect to any proposals made to him under this section, either as submitted to him or with modifications.

(5) A statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Accretions from the sea, etc.

72.--(1) Subject to subsection (3) below, every accretion from the sea, whether natural or artificial, and any part of the sea-shore to the low water-mark, which does not immediately before the passing of this Act form part of a parish shall be annexed to and incorporated with--

(a)

in England, the parish or parishes which the accretion or part of the sea-shore adjoins, and

(b)

in Wales, the community or communities which the accretion or part of the sea-shore adjoins,

in proportion to the extent of the common boundary.

(2) Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a parish or community under this section shall be annexed to and incorporated with the district and county in which that parish or community is situated.

(3) In England, in so far as the whole or part of any such accretion from the sea or part of the sea-shore as is mentioned in subsection (1) above does not adjoin a parish, it shall be annexed to and incorporated with the district which it adjoins or, if it adjoins more than one district, with those districts in proportion to the extent of the common boundary; and every such accretion or part of the sea-shore which is annexed to and incorporated with a district under this section shall be annexed to and incorporated with the county in which that district is situated.

Alteration of local boundaries consequent on alteration of water-course.

1930 c. 44.

73.--(1) Where, in the exercise of any power conferred by the Land Drainage Act 1930 or any other enactment, a water-course forming a boundary line between two or more areas of local government is straightened, widened or otherwise altered so as to affect its character as a boundary line, the drainage board or other persons under whose authority the alteration is made shall forthwith send notice of the alteration to the Secretary of State.

(2) If after consultation with the English Commission or the Welsh Commission, as the case may require, the Secretary of State is satisfied that, having regard to the alteration specified in the notice, a new boundary line may conveniently be adopted, he may by order declare that such line as may be specified in the order (whether or not consisting wholly or in part of the line of the water-course as altered) shall be substituted for so much of the boundary line as, before the alteration, lay along the line of the water-course; and where such an order is made the limits of the areas of which the water-course, before the alteration, was the boundary shall be deemed to be varied accordingly.

(3) The Secretary of State shall, in such manner as he thinks appropriate, publish notice of any order made by him under this section.

Change of name of county, district or London borough.

74.--(1) Subject to subsection (5) below, the council of a county, district or London borough may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the county, district or borough.

(2) Where the name of a district which has been granted the status of a city, borough or royal borough or the name of a London borough is changed in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

(3) Notice of any change of name made under this section--

(a)

shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b)

shall be published in such manner as the Secretary of State may direct.

(4) A change of name made in pursuance of this section shall not affect any rights or obligations of any county, district or London borough or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(5) The name of a county or district shall not be changed under this section before 1st April 1978 unless the change is made with the consent of the Secretary of State.

Change of name of parish.

75.--(1) At the request of the parish council or, where there is no parish council, at the request of the parish meeting, the council of the district in which the parish is situated may change the name of the parish.

(2) Notice of any change of name made under this section--

(a)

shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b)

shall be published by the district council in the parish and elsewhere in such manner as they consider appropriate.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any parish or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

Change of name of community.

76.--(1) At the request of the community council or, where there is no community council, at the request of a community meeting, the council of the district in which the community is situated may change the name of the community.

(2) Notice of any change of name made under this section--

(a)

shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b)

shall be published by the district council in the community and elsewhere in such manner as they consider appropriate.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any community or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

Change of name in Greater London.

77.--(1) Notwithstanding anything in Schedule 2 to this Act the Greater London Council may with the consent of the Secretary of State change the name of the Council or Greater London, or both, or make provision as to the titles by which the chairman, vice-chairman and any deputy chairman of the council are to be known.

(2) Any change of name under this section shall take effect as from such date as the Secretary of State may by order appoint.

(3) A change of name under this section shall not--

(a)

affect any rights or obligations of any authority or person;

(b)

be taken as invalidating any instrument (whether made before or after the date appointed by the order) which refers to the Council or Greater London by the previous name;

but the new name shall be substituted for the previous name in all enactments relating to the Council or, as the case may be, Greater London and in all instruments and legal proceedings made or begun before that date which refer to that previous name, but not so as to affect the title of any Act or instrument.

Supplementary.

78.--(1) In this Part of this Act--

"electoral arrangements" means--

(a) in relation to a principal area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of councillors, the number of councillors to be elected for any electoral area in that principal area and the name of any electoral area;

(b) in relation to a parish or community council or a common parish or community council, the number of councillors, the question whether the parish or community or any parish or community, as the case may be, should or should not be or continue to be divided into wards for the purpose of the election of councillors, the number and boundaries of any such wards, the number of councillors to be elected for any such ward or in the case of a common parish or community council for each parish or community and the name of any such ward;

"local government area" includes the City, the Inner Temple and the Middle Temple;

1964 c. 26.

"public body" includes any compensation authority for the purposes of the Licensing Act 1964.

"substantive change" has the meaning assigned to it by section 47(1)(i) above.

(2) In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State, each of the Commissions and every district council shall so far as is reasonably practicable comply with the rules set out in Schedule 11 to this Act.

PART V

Qualifications and disqualifications

Qualifications for election and holding office as member of local authority.

79.--(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority if he is a British subject or a citizen of the Republic of Ireland and on the relevant day he has attained the age of twenty-one years and--

(a)

on that day he is and thereafter he continues to be a local government elector for the area of the authority; or

(b)

he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or

(c)

his principal or only place of work during that twelve months has been in that area; or

(d)

he has during the whole of those twelve months resided in that area; or

(e)

in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

(2) In this section "relevant day", in relation to any candidate, means--

(a)

except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and

(b)

in the said excepted case, the day of election.

Disqualifications for election and holding office as member of local authority.

80.--(1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority if he--

(a)

holds any paid office or employment (other than the office of chairman, vice-chairman or deputy chairman) appointments to which are or may be made or confirmed by the local authority or any committee or subcommittee of the authority or by a joint board or joint committee on which the authority are represented or by any person holding any such office or employment; or

(b)

is a person who has been adjudged bankrupt, or made a composition or arrangement with his creditors; or

(c)

has within five years before the day of election or since his election been surcharged by a district auditor to an amount exceeding £500 under Part X of the 1933 Act; or

(d)

has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

1949 c. 68.

(e)

is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1949 or under Part VIII below.

(2) Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of--

(a)

a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

(b)

a joint board or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

(3) Teachers in a school maintained but not established by a local education authority shall be in the same position as respects disqualification for office as members of the authority as teachers in a school established by the authority.

1962 c. 46.

(4) A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the Transport Act 1962) of, the Passenger Transport Executive for an area which is coterminous with the area of a county shall be disqualified for being elected or being a member of the council of that county.

(5) For the purposes of subsection (1)(c) and (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the surcharge or conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the surcharge or conviction, as the case may be.

Exceptions to provisions of section 80.

81.--(1) Where a person is disqualified under section 80 above by reason of having been adjudged bankrupt, then--

(a)

if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

(b)

if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on h